699 results found

Defending against an obviousness attack at the PTAB or rejection by a USPTO examiner can be tricky. The Supreme Court in KSR v. Teleflex (2007) ...

Unlike many other countries, medical procedures are not per se unpatentable in the United States

The Federal Circuit's recent decision in LKQ Corp. v. GM Global Tech. Operations LLC, No. 21-2348, (Fed. Cir. May 21, 2024) (en banc) has overruled the longstanding test for obviousness of design patents.

On March 9, 2022, the Federal Circuit issued its opinion affirming the ITC's determination that Complainant Broadcom Corporation of San Jose, California ("Broadcom")...

On March 23, 2020, approximately two months after all briefs were submitted, the Fed. Cir. has denied the outstanding petitions for panel rehearing and rehearing ...

In Chromadex, Inc., Dartmouth College, v. Elysium Health, Inc., on February 13, 2023, the Federal Circuit affirmed a summary judgement for the asserted claims of US 8,197,807 (the '807 patent) ...

Last March I wrote about the PTAB's Precedential Opinion Panel (POP) taking up its first case in Proppant Express Invs., LLC et al. v. Oren Tech., LLC.

In Energy Intelligence Grp., Inc. v. Kayne Anderson Capital Advisors, L.P., 2020 U.S. App. LEXIS 1347, __ F.3d __ (5th Cir. Jan. 15, 2020), on an issue of first impression, the Fifth Circuit held that a mitigation defense...

This appeal is part of the long-running saga between Bayer Consumer Care AG and Belmora LLC alleging unfair competition for Belmora's adoption and use in the U.S. of Bayer's Mexican trademark...

The decision in GlaxoSmithKline LLC. V Teva Pharms. (976 F.3d 1347 (Fed. Cir. 2020) has caused panic in the generic industry because it has been interpreted...

Say your company has valuable software that it wants to protect from competitors and license to clients. How can you accomplish your goal?

A good pun is always welcome when reading a legal opinion.

On July 29, 2022, the U.S. Patent and Trademark Office (USPTO) published a Notice in the Federal Register, entitled "Duties of Disclosure and Reasonable Inquiry During Examination...

As background, the U.S. Patent and Trademark Office (USPTO) has sought to engage the public in the emerging field of Artificial Intelligence in the past couple of years.

On January 11, 2022, ALJ Clark S. Cheney issued an initial determination ("ID") finding no violation of section 337 due to the invalidity of the asserted patents in Certain High-Potency Sweeteners...

On December 13, 2021, Chief ALJ Charles E. Bullock issued a notice of his initial determination ("ID") finding no violation of section 337 in Certain Automated Storage and ...

On March 15, 2021, the U.S. Court of Appeals for the Federal Circuit issued its opinion affirming-in-part the ITC's finding of a violation of section 337 in Certain Road Milling Machines and ...

As I have written about previously (articles here and here ), there is a growing body of case law defining the issues that are, and are not, appealable after the PTAB determines to institute an IPR.